Pursuant to
Topeka Police Department General Order C04, I request you to issue the
following Legal Bulletin regarding the referenced subject.

I have been
asked to address several aspects of the Kansas Concealed Carry Law, also known
as the Kansas Personal and Family Protection Act, (PFFA), 2006 Senate Bill 418
and 2006 HB 2118.This bulletin will
attempt to address the questions I have received.Until the PFFA is published in the statutory
supplements, incident and offense reports should cite to the sections of the
2006 Kansas Session Laws referenced below.

Who

Q.Can get a license?

A.A trained, U.S. citizen who is a
resident of Kansas for at least six months in the county where the application
is filed, and who is at least 21 years of age; is free from any physical
infirmity that prevents safe handling of a weapon; and who desires a legal
means to carry a concealed weapon for lawful self-defense.

Q.Is disqualified from getting a license?

A.Any person who:

$has ever been convicted, placed on
diversion, or adjudicated for a felony (adult or juvenile) in any jurisdiction;

$has been charged with a crime which
would render the applicant, if convicted, ineligible for a license or, if so
charged, final disposition of the charge has occurred and no other charges are
pending which would cause the applicant to be ineligible for a license

$has been ordered by a court to receive
treatment for mental illness pursuant to K.S.A. 59-2966, and amendments
thereto, or for an alcohol or substance abuse problem pursuant to K.S.A.
59-29b66, and amendments thereto, or, if a court has ordered such treatment,
has not been issued a certificate of restoration pursuant to section 12 [of HB
2118], and amendments thereto, not less than five years before the date of the
application

$who has not been, during the five
years immediately preceding the date the application is submitted:

$convicted, placed on
diversion, or adjudicated (adult or juvenile) in any jurisdiction for a misdemeanor
under the Uniform Controlled Substances Act;

$convicted or placed on
diversion, in this or any other jurisdiction, two or more times for an act that
constitutes a violation of K.S.A. 8-1567 (DUI), and amendments thereto;

$convicted or placed on diversion,
in this or any other jurisdiction, for an act that constitutes a domestic
violence misdemeanor under any municipal ordinance or article 34 (sex crimes)
or 35 (crimes against persons) of chapter 21 of the Kansas Statutes Annotated
or adjudicated, in this or any other jurisdiction, of committing as a juvenile
an act that would be a domestic violence misdemeanor under article 34 or 35 of
chapter 21 of the Kansas Statutes Annotated if committed by an adult;

$convicted or placed on
diversion, in this or any other jurisdiction, for an act that constitutes a
violation of section 12 of 2006 Senate Bill No. 418, and amendments thereto
(carrying a concealed weapon while under the influence of alcohol or drugs, or
both), or a violation of subsection (a)(4) of K.S.A. 21-4201, and amendments
thereto (carrying a concealed firearm without a permit), or adjudicated, in
this or any other jurisdiction, of committing as a juvenile an act that would
be a violation of section 12 of 2006 Senate Bill No. 418, and amendments
thereto, or a violation of subsection (a)(4) of K.S.A. 21-4201, and amendments
thereto, if committed by an adult;

$has been adjudged a disabled person
under the act for obtaining a guardian or conservator, or both, or under a
similar law of another state or the District of Columbia,
unless the applicant was ordered restored to capacity three or more years
before the date on which the application is submitted;

$who is subject to a restraining order
under the Protection from Abuse Act or the Protection from Stalking Act

$who is in contempt of court in a child
support proceeding;

$who has been dishonorably discharged
from military service;

Q.Actually issues the license?

A.If an applicant has been approved to
obtain a Kansas Concealed Carry Handgun (CCH) license, the applicant will
receive a letter from the Office of the Attorney General informing the
applicant that he/she has been approved to obtain a license and directing the
applicant to go to a Kansas Department of Revenue state driver’s license office
in order to be photographed for the new CCH license card (or new Kansas
driver’s license or non-driver’s ID card).The new CCH license (or Kansas DL or non-driver’s ID) will then be
manufactured and mailed to the CCH licensee at the licensee’s home address.

What

Q.Does it cost to get a license?

A.$150.00 application fee (one check for
$40 made payable to the local Sheriff’s Department; and one check for $110 made
payable to Kansas Attorney General’s Office), plus the cost of any required
training class, plus the cost of the actual license, $15.

Q.Kind of background check is performed on
applicants?

A.A state and national fingerprint-based
check.

Q.What are the training requirements for
license holder?

A.Applicants must successfully complete an
8-hour training program approved by the Attorney General.

Q.Are the citizenship requirements?

A.All applicants must have been a citizen
of the State of Kansas for at
least 6 months prior to making application for a CCH license.Kansas
will not issue CCH licenses to non-residents.

Q.Are the reciprocity requirements?If I have a license from another state, will Kansas
honor it?

A.The Kansas Attorney General is to review
the laws of other states and make a determination on whether to grant
reciprocity to CCH licenses issued by other states.On and after January 1, 2007, the Attorney
General will publish a list of states whose CCH licenses will be recognized in
Kansas, however, if a person is a Kansas resident, he/she must have a Kansas
issued CCH in order to carry a concealed handgun in the State of Kansas.(Kansas
residents cannot carry concealed based on a license issued by another state.)

Q.Are the standards for determining
reciprocity?

A.Concealed carry licenses issued by
another state or the District of Columbia would be valid in the State of Kansas
if the Attorney General determines that standards for issuance, in other states
and the District, are equal to or greater than, standards for concealed carry
in Kansas.

Q.Does the license look like?

A.Although no graphic of the license is
available at the time this bulletin is published, the license or license holder
will have the choice of either having a separate license card, or will be able
to have a CCH designation placed on his/her Kansas driver’s license or Kansas
non-driver’s identification card.If the
licensee opts for the separate CCH card, the card will appear very similar to a
Kansas driver’s license, except
the card will have “Concealed Carry Handgun” clearly printed on it, along with an
expiration date.If the CCH licensee
opts to have a designation added to his/her Kansas
driver’s license or non-driver’s ID card showing that the licensee holds a CCH
license, the license will have a section showing “CCH” and the expiration date
of the CCH license.

Q.What, if anything, does a licensee have
to tell a law enforcement officer upon contact with them?

A.IF
THE LAW ENFORCEMENT OFFICER ASKS the licensee if he/she is a CCH license
holder or ASKS IF THE LICENSEE IS
CARRYING A FIREARM, the licensee must tell the officer whether the licensee
is armed.

Q.Crimes are created by the PFFA?

A.Concealed carry by a licensee in a
prohibited place, a Class A misdemeanor.L. 2006, ch. 210, § 7.

Concealed carry by a licensee in a
prohibited workplace or while on the job, or on an appropriately posted
property, a Class B misdemeanor.L.
2006, ch. 210, § 8.

Concealed carry by a licensee while
under the influence of alcohol or drugs, or both, a Class A misdemeanor.L. 2006, ch. 210, § 9.

Q.City ordinance crimes are comparable to
the crimes created by the PFFA.

A.None currently, but if the Topeka City
Council adopts the 2006 Uniform Public Offense Code as proposed, there will be
comparable city ordinance violations.

Q.Effect does the PFFA have on local
ordinances that prohibit concealed or loaded weapons?

A.Retired officers are exempt from the
training requirement if they were certified by the Kansas
law enforcement training commission not more than eight years prior to
submission of the application, but still must pay the original and renewal
license fees, and any fees for issuance of the license ($15), as well as
undergo a background check.L. 2006, ch.
210, § 3.

Q.Does a license allow a licensee to
carry?Are there any weapon or caliber
restrictions?

A.There are no weapon or caliber
restrictions as long as the firearm meets the definition of a
"weapon" as used in the act, which is a "handgun, pistol or
revolver."

Q.Kind of ammunition can a licensee carry?

A.The act does not impose any limitations
on the type of ammunition.

Q.Should officers watch for as clues that
someone may be carrying a concealed weapon?

A.While an extensive discussion of
tactical considerations is beyond the scope of this bulletin, officers should
watch for facial clues (such as conspicuously ignoring an officer, target
glances [looking where the gun might be] or a 1000-yard stare); body language
clues (touching or pressing the area where the gun is concealed with an elbow,
arm or hand, holding a pocket or clothing where the gun is from the outside,
pulling up pants or adjusting other clothing repeatedly which may be necessary
because the weight of a gun is pulling the clothing down, dragging a foot
slightly when walking [if a gun is being carried unholstered in the waistband,
the subject may "favor" that side so as not to jostle the gun more
than necessary – this can also indicate a gun stuffed into a boot], moving only
one arm when walking [the arm that stays in place may be steadying a gun or
trying to hide a tattletale bulge], and stiffly bowing the arm away from the
body [to avoid banging into the gun while walking].For more information, see Sgt. Robert
Stasch's 2-part article "DETECTING CONCEALED FIREARMS" at http://www.calibrepress.com

When

Q.Do licenses begin issuing?

A.January
2, 2007.

Q.Does the applicant have to complete the
required training?

A.Before they submit their application.

Q.Does a licensee have to carry their
license with them?

A.All CCH licensees will be required to
have their CCH license with them at any time they are actually carrying a
firearm concealed.Failure to do so
could result in the licensee having his/her CCH license suspended or revoked
and could result in criminal charges.

Where

Q.Can license holders carry their
firearms?

A.Any place where it is not prohibited.There are two types of prohibited places,
statutory and by choice.Statutory
prohibited places include:(1) Any place
where an activity declared a common nuisance by K.S.A. 22-3901, and amendments
thereto, is maintained; (2) any police, sheriff or highway patrol station; (3)
any detention facility, prison or jail; (4) any courthouse; (5) any courtroom,
except that nothing in this section would preclude a judge from carrying a
concealed weapon or determining who will carry a concealed weapon in the judge’s
courtroom; (6) any polling place on the day an election is held; (7) any
meeting of the governing body of a county, city or other political or taxing
subdivision of the state, or any committee or subcommittee thereof; (8) on the
state fairgrounds; (9) any state office building; (10) any athletic event not
related to or involving firearms which is sponsored by a private or public
elementary or secondary school or any private or public institution of
postsecondary education; (11) any professional athletic event not related to or
involving firearms; (12) any portion of a drinking establishment as defined by
K.S.A. 41-2601, and amendments thereto, except that this provision shall not
apply to a restaurant as defined by K.S.A. 41-2601, and amendments thereto;
(13) any elementary or secondary school attendance center, administrative
office, services center or other facility; (14) any community college, college
or university facility; (15) any place where the carrying of firearms is
prohibited by federal or state law; (16) any child exchange and visitation
center provided for in K.S.A. 75-720, and amendments thereto; (17) any
community mental health center organized pursuant to K.S.A. 19-4001 et seq.,
and amendments thereto; mental health clinic organized pursuant to K.S.A.
65-211 et seq., and amendments thereto; psychiatric hospital licensed under
K.S.A. 75-3307b, and amendments thereto; or state psychiatric hospital, as
follows: Larned state hospital, Osawatomie state hospital or Rainbow mental
health facility; (18) any city hall; (19) any public library operated by the
state or by a political subdivision of the state; (20) any day care home or
group day care home, as defined in Kansas administrative regulation 28-4-113,
or any preschool or childcare center, as defined in Kansas administrative
regulation 28-4-420; (21) any church or temple; or (22) any place in violation
of K.S.A. 21-4218, and amendments thereto.

By choice

Any public or private employer or
entity may choose to prohibit concealed firearms can do so by displaying this
sign upon their door:

A licensee carrying a concealed
weapon into such a place is guilty of a Class B misdemeanor.L. 2006, ch. 210, § 8.

A.Ordinarily for a period of 4 years
(provided the license is not suspended or revoked for some reason.)

Q.Much does the training class cost?

A.The cost will vary from trainer to
trainer.

Q.Can a law enforcement officer verify a
license holder's information?

A.The attorney general shall maintain an
automated listing of license holders and pertinent information, and such
information shall be available, upon request, at all times to all law
enforcement agencies in this state, other states and the District
of Columbia.L. 2006, ch. 210, § 4.Additionally, the act provides that verification by a law enforcement
officer that a person holds a valid license to carry a concealed weapon may be
accomplished by a record check using the person’s driver’s license
information.L. 2006, ch. 210, § 1.

Q.Does the PFFA deal with license holders
who become subject to a restraining order?

A.The sheriff of the county where a
restraining order is issued shall notify the attorney general immediately upon
receipt of such order.The attorney
general shall immediately revoke the person's concealed carry license upon
receipt of notice of the issuance of such order.L. 2006, ch. 210, § 5.

Q.Should officers treat people now that
almost anyone could be carrying a concealed weapon?

A.With professionalism, courtesy and
respect just like always, but ask early on in any encounter if a person is
armed and whether they have a license.THEY DO NOT HAVE TO TELL YOU UNLESS YOU
ASK.

A.Since law enforcement officers are
already exempt from the concealed carry prohibition under K.S.A.21-4201(b)(1),
the PFFA has no effect on their ability to carry concealed.

Q.Should an officer handle the call if a
business that is posted has a violator on its premises.

A.The officer should make contact with the
violator and ask if they are carrying a concealed weapon, and, if so, do they
have a license to do so?If the violator
is licensed, the officer should complete an offense report for the offense of
concealed carry by a licensee in a prohibited workplace or while on the job, or
on an appropriately posted property.L.
2006, ch. 210, § 8.The offense is a
Class B misdemeanor so an offense report is required, but the suspect does not
have to be arrested, nor do officers need to seize the suspect's firearm.There is currently no corresponding city
ordinance proscribing the same conduct.Officers
should not seize the person's concealed carry license.Any revocation or suspension of the license
will be handled through an administrative proceeding pursuant to the Kansas
Administrative Procedure Act.

Q.Does the licensee have to carry?Does the act require a holster or place any
restrictions on how the gun is carried?

A.No specific manner or carrying is
required or prohibited by the PFFA..